Arbitrators May Consider Breach Of FINRA Rules Even In The Absence Of A Private Cause Of Action

Cody Berne of Stoll Berne has this article discussing the the Fourth Circuit’s decision in Interactive Brokers LLC v. Saroop, holding that arbitrators did not manifestly disregard the law by considering breaches of FINRA rules that did not permit the assertion of a private cause of action.

“NLRB Enforces Strict Requirements for Savings Clauses in Employee Arbitration Agreements”

Jeffrey Brown and Tyler Runge of Payne & Fears authored this article, published in JD Supra, which begins: “The National Labor Relations Board (“NLRB” or “Board”) has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements. Employers should not ignore this body of law, which applies to union and non-union employers alike.”

Federal Court Upholds Ebay’s Clickwrap Arbitration Requirement

In Anderson v., Inc. a U.S. District Court in Tennessee granted eBay’s motion to compel arbitration of a purported class action alleging claims regarding the sale of seat belt extenders. Upholding the appropriateness of the arbitration provision contained in eBay’s clickwrap agreement, the court rejected challenges to its opt-out procedure, the unavailability of aContinue reading “Federal Court Upholds Ebay’s Clickwrap Arbitration Requirement”

“Picking Up the Pieces: Quicken’s Big TCPA Arbitration Loss is a Lesson for Us All”

Eric J. Troutman of Squire Patton Boggs has this article in The National Law Review discussing Hill v. Quicken Loans, Case No. ED CV 19-0163 FMO (SPx). As he describes the case, “Quicken recently lost an effort to compel a TCPA case to arbitration following a lengthy evidentiary hearing because the video playback software itContinue reading ““Picking Up the Pieces: Quicken’s Big TCPA Arbitration Loss is a Lesson for Us All””

“Federal Appeals Court Hands Gig Companies Best New Prime News Yet, Requiring Grubhub Workers To Arbitrate Dispute”

And JD Supra also has this article by Richard Meneghello of Fisher Phillips discussing a recent Seventh Circuit decision that “handed Grubhub….a pivotal victory by narrowly interpreting an exception allowing certain transportation workers (including independent contractors) to escape arbitration agreements.”

Divided Appellate Panel Holds That Consumer’s Claims For Violation Of National Do Not Call Registry Are Arbitrable

A three judge panel of the U.S. Court of Appeals for the Fourth Circuit held by a 2-1 vote that a broad arbitration provision required a consumer to arbitrate her claims against the provider for violating the Telephone Consumer Protection Act (TCPA). In Mey v. DirectTV, LLC, the court held that claimed violations of theContinue reading “Divided Appellate Panel Holds That Consumer’s Claims For Violation Of National Do Not Call Registry Are Arbitrable”

Temporary Conservators Could Not Commit To Arbitration Absent Court Approval

A California Court of Appeal has sustained the denial of a senior living facility’s petition to compel arbitration of claims brought on behalf of a deceased resident. At the time of admission, temporary conservators signed an agreement that included an arbitration requirement. However, the court held that temporary conservators lacked the authority to bind theContinue reading “Temporary Conservators Could Not Commit To Arbitration Absent Court Approval”

“Looking to Compel Arbitration? Recent Supreme Court Decision Suggests Additional Tools are Available”

Aleksey Shtivelman of Shutts & Bowen LLP published this article in JD Supra, discussing the U.S. Supreme Court’s recent decision in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 140 S. Ct. 1637, 1644 (2020).

“Court Stresses Deference FLRA Must Pay to Arbitrators” includes this report, discussing a federal appellate ruling addressing “a charge by the National Weather Service Employees Organization that the National Weather Service had violated a contract by canceling it while negotiations were still going on and after assistance by the Federal Services Impasses Panel had been invoked but before that panel had madeContinue reading ““Court Stresses Deference FLRA Must Pay to Arbitrators””